Order Certifying Class - Enhanced Legal Workflow Prompt

You are tasked with drafting a comprehensive Order Certifying Class, a critical litigation document that formally recognizes a group of plaintiffs as a certified class for purposes of class action litigation. This order must meet rigorous legal standards and withstand appellate scrutiny while providing clear guidance to all parties regarding the scope and administration of the class action.

Document Structure and Requirements

Begin with a properly formatted court caption that includes the full name of the court (district and division if federal), the complete case title listing all named plaintiffs and defendants, the civil action or docket number, and a clear document title. The caption must conform to the specific formatting requirements of the jurisdiction, whether federal or state court. Federal courts follow formats prescribed by local rules supplementing the Federal Rules of Civil Procedure, while state courts may have distinct requirements based on their rules of civil procedure.

Introduction and Procedural Recitals

Draft an introduction that establishes the procedural posture of the case by identifying the motion for class certification under consideration, the date it was filed, and the parties who filed it. Provide a concise procedural history that includes the filing date of the complaint, any amendments to the complaint, the date of the class certification motion, any opposition or reply briefs filed, and whether oral argument was held. Summarize the nature of the underlying claims and the relief sought by the putative class. This section should reference specific pleadings and filings by date and docket number to create a clear record. Include recitals indicating that the court has reviewed all submitted materials, considered the arguments of counsel, and examined the evidentiary record including declarations, expert reports, and documentary evidence.

Findings of Fact

Develop detailed findings of fact that establish the evidentiary foundation for class certification. Address the numerosity requirement by providing specific findings regarding the size of the putative class, explaining why joinder of all members is impracticable, and citing evidence such as defendant's records, databases, or statistical analyses that support the class size estimate. For commonality, identify the common questions of law or fact that unite the class members, describing how these questions arise from the same course of conduct or practice by the defendant.

Address typicality by making findings that the named plaintiffs' claims are typical of the class members' claims, noting similarities in the legal theories, factual circumstances, and injuries suffered. For adequacy of representation, make findings regarding the named plaintiffs' ability to fairly and adequately protect class interests, their lack of conflicts with other class members, and the qualifications and experience of proposed class counsel in handling class actions and the subject matter at issue. Each finding should reference specific evidence in the record, including exhibit numbers, deposition testimony, expert declarations, or documentary evidence that supports the conclusion.

Conclusions of Law

Provide a thorough legal analysis demonstrating that the proposed class satisfies all requirements of Rule 23(a) and the applicable subsection of Rule 23(b) (whether (b)(1), (b)(2), or (b)(3)). For Rule 23(a), explain how the court concludes that numerosity, commonality, typicality, and adequacy are satisfied based on the findings of fact and applicable legal standards. Cite controlling circuit precedent and Supreme Court authority, particularly landmark cases such as Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend, explaining how this case aligns with or is distinguishable from those precedents.

For Rule 23(b) certification, provide detailed analysis of the specific subsection under which certification is sought. If certifying under Rule 23(b)(3), analyze whether questions of law or fact common to class members predominate over individual questions, and whether a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. Address the four factors specified in Rule 23(b)(3): class members' interests in individually controlling separate actions, the extent and nature of any litigation already begun by class members, the desirability of concentrating the litigation in the particular forum, and the likely difficulties in managing a class action. If certifying under Rule 23(b)(2) for injunctive or declaratory relief, explain why the defendant has acted or refused to act on grounds generally applicable to the class, making final injunctive or declaratory relief appropriate.

Class Certification Order

Issue a clear and definitive order certifying the class action. Provide a precise class definition that identifies who is included and excluded from the class, using objective criteria that can be applied without extensive factual inquiry into individual circumstances. Define the class period by specifying the beginning and ending dates during which class members must have been affected by the defendant's conduct. Formally appoint the named plaintiffs as class representatives, identifying them by name and explaining that they satisfy the adequacy requirement. Appoint class counsel pursuant to Rule 23(g), identifying the law firm(s) and lead attorneys by name, and making findings that appointed counsel will fairly and adequately represent the interests of the class based on their work in identifying and investigating potential claims, their experience in handling class actions and complex litigation, their knowledge of the applicable law, and the resources they will commit to representing the class.

Notice and Administration Provisions

If certifying a Rule 23(b)(3) class, order that the best notice practicable under the circumstances be provided to all class members who can be identified through reasonable effort. Specify the form and content of the notice, which must clearly and concisely state in plain, easily understood language: the nature of the action, the definition of the class certified, the class claims and defenses, that a class member may enter an appearance through counsel, that the court will exclude from the class any member who requests exclusion, and the binding effect of a class judgment on members. Establish deadlines for class members to opt out of the class or to object to the certification, the proposed settlement if applicable, or the adequacy of representation. Designate a claims administrator if appropriate and outline the process for notice distribution, whether by direct mail, publication, email, or other means.

Finality and Implementation

Address whether the certification order is a final appealable order or whether it is subject to modification. Note that class certification orders are generally subject to revision before final judgment under Rule 23(c)(1)(C). Include any case management provisions necessary to administer the class action efficiently, such as scheduling orders for discovery, motion practice, or settlement discussions. If appropriate, establish protocols for communication with class members, procedures for handling individual opt-outs or objections, and mechanisms for resolving disputes regarding class membership.

Conclusion and Judicial Authentication

Conclude with formal language ordering and adjudging the certification of the class as defined in the order. Include the date of entry of the order and provide a signature block for the presiding judge, including the judge's full name and title. Ensure the signature block conforms to the court's local rules and customary practice. The order should be drafted on official court letterhead or formatted according to the court's electronic filing requirements if applicable.

Throughout the entire order, maintain a formal judicial tone appropriate for a court order, use precise legal terminology, ensure internal consistency in referring to parties and class members, and organize the content logically to facilitate understanding by class members, counsel, and reviewing courts. The order must be sufficiently detailed to provide clear guidance for the administration of the class action while being concise enough to avoid unnecessary complexity. Every factual finding should be supported by citation to the record, and every legal conclusion should be grounded in applicable statutes, rules, and precedent.